I'm presenting a paper tomorrow at my department's Colloquium (bi-weekly or so gatherings throughout the year where students and professors can discuss each other's ongoing work). I know it's sort of late notice, but for those looking for a way to spend some time and do some thinking, I thought I'd experiment with getting the conversation going via this blog.
The paper looks at the idea, expressed in Wael Hallaq's book "Shari'a," that the modern conception of the nation-state is incompatible with what was referred to in the medieval period as "Shar'ia." (an article that became the book is available online here ) Looking at the case of Nasr Abu Zayd - a man whose marriage was legally annulled after he was convicted of apostasy (turning from faith) in the Egyptian courts in 1995. More [here] and yes, in my scholarly opinion, wikipedia is fine for brief info gathering.
So entertaining the premise that Shari'a is incompatible with the workings of the modern nation-state and examining the role of "Shari'a" in the Egyptian court system, the paper raises the following questions:
In Abu Zayd’s case, the lawyers’ appeal to state power in the name of the religious command to promote good and forbid evil in order to maintain socio-religious unity (by attempting to prevent/punish apostasy) highlights the tension between the state and religious law.
Can one claim that an appeal to the state is a religious act? What does it mean that a "secular" state/legal system has cordoned off a section for religious law? How is one to think of the judge – as an arbiter of religious orthodoxy or enforcer of state mandates?
So for those who wish to answer: what are your thoughts on religion and politics, generally? For those who don't wish to delve into the Nasr Abu Zayd case - what work is done in the act of distinguishing between "religious" acts/codes and "political" or "legal" mandates?
My full paper is available [here] for those who are really seeking to kill some time.
We'll see if this garners any sort of discussion, if not, at least I updated the blog twice in a week!
Either way, as always, thanks for reading.
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